Appeal against conviction by High Court in certain cases
Section 379 of the Code of Criminal Procedure, 1973 deals with appeal against conviction by High Court in certain cases. Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.
Section 379, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 420 Appeal against conviction by High Court in certain cases Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Constable 907 Surendra Singh vs State Of Uttarakhand
Court's Decision & Legal Precedent
Mere presence of an accused in the same vehicle with the actual perpetrator of a crime is insufficient to establish common intention under Section 34 IPC. For conviction under Section 34 IPC, the prosecution must establish prior meetings of minds, preplanning, and shared common intention to commit the specific crime. The absence of such evidence cannot be cured by mere presence at the scene or in the same vehicle. An appellate court can only reverse an acquittal if the trial court judgment suffers from patent perversity, is based on misreading or omission of material evidence, or if only one conclusion of guilt is possible from the evidence on record.
On this section: Appeal by accused against conviction - Procedure for appellants to challenge conviction orders
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Musa Khan @ Baba Khan vs State of Gujarat
Court's Decision & Legal Precedent
Criminal appeals challenging convictions can only succeed if the appellants demonstrate substantial legal grounds such as misapplication of law, procedural violations, or findings that are perverse or clearly unreasonable. Mere disagreement with the lower court's interpretation of evidence or arguments already rejected by the High Court do not constitute sufficient grounds for Supreme Court interference.
On this section: The Court applied appellate jurisdiction procedures for reviewing criminal convictions from High Courts. The standard of review and grounds available for setting aside convictions are governed by CrPC provisions.
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Ram Lochan(died) vs State of U.p.
Court's Decision & Legal Precedent
An interlocutory order, such as issuance of a notice by a magistrate under Sections 111/112 Cr.P.C., cannot be challenged through revision under Section 379(2) Cr.P.C., and the High Court will not exercise its discretionary jurisdiction under Section 482 Cr.P.C. to quash such notice when the applicants have an adequate opportunity to contest the matter before the court below by responding to the notice and presenting their defense.
On this section: Revision against interlocutory orders is not maintainable. The court applied this section to explain why the Sessions Judge correctly rejected the revision petition.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… VARALE, J. 1. The present Criminal Appeal is filed under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, read with Section 379 of Code of Criminal Procedure, 19731 seeking to challenge the impugned judgment and final order dated 25.08.2015 in Criminal Appeal No. 352 of 1994 passed by High Court of Judicature at Bombay, whereby High Court convicted Accused No. 1 to 4 (appellants herein) for the offence punishable under Section 302 read with …
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… NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.852 OF 2018 SARTAJ KHAN .. Appellant VERSUS STATE OF UTTARAKHAND .. Respondent J U D G M E N T UDAY UMESH LALIT, J. 1. This appeal under Section 379 of the Code of Criminal Procedure, 1973 read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 is directed against the judgment and order dated 07.12.2017 passed by the High Court of Uttarakhand at Nainital in Government Appeal No.139 of 2016. 2. The case of the …
Questions about Section 379
What have the courts held on Section 379 of the Code of Criminal Procedure?
Constable 907 Surendra Singh vs State Of Uttarakhand (11 Feb 2013) is the leading judgment on this section among those set out below: Appeal by accused against conviction - Procedure for appellants to challenge conviction orders. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2007 to 2020.
How do I find court cases under Section 379 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 379, section 379 CRPC, section 379 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Constable 907 Surendra Singh vs State Of Uttarakhand (11 Feb 2013).
What should I read with Section 379 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 420 (Appeal against conviction by High Court in certain cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 379 of the Code of Criminal Procedure come into force?
Section 379 of the Code of Criminal Procedure, cited as CRPC 379, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.